Service Level Agreement

SLEEP PERFORMANCE INC., D/B/A FATIGUE SCIENCE

Except as otherwise expressly set forth in this Service Level Agreement (“SLA”), the defined terms used in this SLA shall have the same meanings as the defined terms in the Agreement.

“Working Hours” is defined as a time within the standard support hours:

Monday – Friday: 9:00 to 17:00 PST

Closed all British Columbia statutory holidays

“Target Response Time” is defined as the time elapsing from receipt of the request to FS initiating action to resolve the issue. The time to arrive to a solution may be longer. The Subscriber will be informed of the status of Subscriber’s request within the response times listed above.

“System Uptime” will mean the total amount of time during any calendar month (24 hours a day, 7 days a week), measured in minutes, during Subscriber will have the ability to access the features and functions of the Solution.

“Scheduled Downtime” will mean the total amount of time during any calendar month, measured in minutes, during which Subscriber is unable to access the features and functions of the Solution due to planned Solution maintenance performed by FS as set forth below.

“Unscheduled Downtime” will mean the total amount of time during any calendar month, measured in minutes, during which Subscriber is not able to access the Solution other than Scheduled Downtime as defined above.

FS will respond to error correction requests according to the urgency of the request as specified below:

Category

Target response time

Category guidance

Emergency 2 working hours An error that renders the whole Solution, or a substantial part of it, inoperative, and which is not clearly due to Subscriber’s server/software setup.
High priority 4 working hours An error that results in partial or intermittent failure of the Solution.
Medium priority 1 working day Errors that do not affect critical parts of the Solution.
Low priority 2 working days Other inquiries and minor errors/error messages.

Category may be changed by FS’s personnel if request is not in accordance with specification in the above table. Error reports should be accompanied by a detailed description of events immediately preceding the occurrence of the error, and should, if possible, attach a copy of the error message, if any. Error correction shall be limited to errors occurring in the course of normal use of the Solution. Error correction may be done by means of temporary measures (“patching”). FS is not responsible for errors or malfunctions in the Solution caused in whole or in significant part by the Subscriber or its employees’ negligence or accidents and other events for which FS is not responsible. FS guarantees the application will have a minimum 98% System Uptime, excluding Scheduled Downtime. Scheduled Downtime shall be no more frequently than every other week and for no longer than two (2) hours per scheduled maintenance. If any exception to the 2 hours window is required, FS will provide at least two (2) weeks’ notice.